[Introduced February 18, 1998; referred to the
Committee on Government Organization; and then to the Committee
on Finance.]

____________

A BILL to amend and reenact section ten, article six, chapter
twenty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to classified state
employees; and providing classified state employees pay
raises for three consecutive years.

Be it enacted by the Legislature of West Virginia:
That section ten, article six, chapter twenty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:

ARTICLE 6. CIVIL SERVICE SYSTEM.

§29-6-10. Rules of division.The board shall havehas the authority to promulgateadopt
or propose for adoption, amend or repeal rules, according to chapter twenty-nine-a of this code, to implement the provisions
of this article:
(1) For the preparation, maintenance and revision of a
position classification plan for all positions in the classified
service and a position classification plan for all positions in
the classified-exempt service, based upon similarity of duties
performed and responsibilities assumed, so that the same
qualifications may reasonably be required for and the same
schedule of pay may be equitably applied to all positions in the
same class. Except for persons employed by the governing boards
of higher education, all persons receiving compensation as a wage
or salary, funded either, in part or in whole or in part, by the
state, are included in either the position classification plan
for classified service or classified-exempt service. After each
such classification plan has been approved by the board, the
director shall allocate the position of every employee in the
classified service to one of the classes in the classified plan
and the position of every employee in the classified-exempt
service to one of the positions in the classified-exempt plan.
Any employee affected by the allocation of a position to a class
shall, after filing with the director of personnel a written
request for reconsideration thereof in suchthe manner and form
as the director may prescribe, be given a reasonable opportunity to be heard thereon by the director. The interested appointing
authority shall be given like opportunity to be heard.
(2) For a pay plan for all employees in the classified
service, after consultation with appointing authorities and the
state fiscal officers, and after a public hearing held by the
board. SuchThe pay plan shall becomebecomes effective only
after it has been approved by the governor after submission to
him or her by the board. Amendments to the pay plan may be made
in the same manner. Each employee shall be paid at one of the
rates set forth in the pay plan for the class of position in
which he or she is employed. The principle of equal pay for
equal work in the several agencies of the state government shall
be followed in the pay plan as established. herebyEffective the
first day of July, one thousand nine hundred ninety-eight, each
classified employee in the state service shall receive an
increase in his or her rate of pay in the amount of one thousand
five hundred dollars. Effective on the first day of July, one
thousand nine hundred ninety-nine, each employee shall receive an
additional increase of one thousand five hundred dollars.
Effective on the first day of July, two thousand, each employee
shall receive an additional increase of one thousand five hundred
dollars.
(3) For open competitive examinations to test the relative fitness of applicants for the respective positions in the
classified service. SuchThe examinations need not be held
until after the rules have been adopted, the service classified
and a pay plan established. but shall be held not later than one
year after this article takes effect SuchThe examinations
shall be announced publicly at least fifteen days in advance of
the date fixed for the filing of applications, therefor and may
be advertised through the press, radio and other media. The
director may, however, in his or her discretion, continue to
receive applications and examine candidates long enough to assure
a sufficient number of eligibles to meet the needs of the service
and may add the names of successful candidates to existing
eligible lists in accordance with their respective ratings.
An additional five points shall be awarded to the score of
any examination successfully completed by a veteran. A disabled
veteran shall beis entitled to an additional ten points, rather
than five points, as aforesaid upon successful completion of any
examination.
(4) For promotions within the classified service which shall
give appropriate consideration to the applicant's qualifications,
record of performance, seniority and his or her score on a
written examination, when suchthe examination is practicable.
An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class shall constituteis a promotion.
When any benefit such as a promotion, wage increase or transfer
is to be awarded, or when a withdrawal of a benefit such as a
reduction in pay, a layoff or job termination is to be made, and
a choice is required between two or more employees in the
classified service as to who will receive the benefit or have the
benefit withdrawn, and if some or all of the eligible employees
have substantially equal or similar qualifications, consideration
shall be given to the level of seniority of each of the
respective employees as a factor in determining which of the
employees will receive the benefit or have the benefit withdrawn,
as the case may be.
(5) For layoffs by classification for reason of lack of
funds or work, or abolition of a position, or material changes in
duties or organization, or any loss of position because of the
provisions of this subdivision and for recall of employees so
laid off, consideration shall be given to an employee's seniority
as measured by permanent employment in the classified service or
a state agency. In the event that the agency wishes to lay off
a more senior employee, the agency mustshall demonstrate that
the senior employee cannot perform any other job duties held by
less senior employees within that agency in the job class or any
other equivalent or lower job class for which the senior employee is qualified: Provided, That if an employee refuses to accept a
position in a lower job class, suchthe employee shall retain
retains all rights of recall as hereinafter provided in this
section.
(6) For recall of employees, recall shall be by reverse
order of layoff to any job class that the employee has previously
held or a lower class in the series within the agency as that job
class becomes vacant. An employee will retainretains his or her
place on the recall list for the same period of time as his or
her seniority on the date of his or her layoff or for a period of
two years, whichever is less. No new employees shallmay be
hired for any vacancy in his or her job class or in a lower job
class in the series until all eligible employees on layoff are
given the opportunity to refuse that job class. An employee
shall be recalled onto jobs within the county wherein his or her
last place of employment is located or within a contiguous
county. contiguous thereto Any laid-off employee who is eligible
for a vacant position shall be notified by certified mail of the
vacancy. It shall beis the responsibility of the employee to
notify the agency of any change in his or her address.
Notwithstanding any other provision of the code to the
contrary, except for the provisions of section seven, article
two, chapter five-b of this code, when filling vacancies at state agencies the directors of state agencies shall, for a period of
twelve months after the layoff of a permanent classified employee
in another agency, give preference to qualified permanent
classified employees based on seniority and fitness over all but
existing employees of the agency or its facilities: Provided,
That employment of these persons who are qualified and who were
permanently employed immediately prior to their layoff shalldoes
not supersede the recall rights of employees who have been laid
off in suchthe agency or facility.
(7) For the establishment of eligible lists for appointment
and promotion within the classified service, upon which lists
shall be placed the names of successful candidates in the order
of their relative excellence in the respective examinations.
Eligibility for appointment from any suchthe list shall continue
notlasts no longer than three years. An appointing authority
shall make his or her selection from the top ten names on the
appropriate lists of eligibles, or may choose any person scoring
at or above the ninetieth percentile on the examination.
For the establishment of eligible lists for preference as
provided in subdivision (6) of this section, a list shall be
provided according to seniority. An appointed authority shall
make the selection of the most senior qualified person:
Provided, That eligibility for appointment from any suchthe list shall continue notlasts no longer than one year and shall cease
ceases immediately upon appointment to a classified position.
(8) For the rejection of candidates or eligibles within the
classified service who fail to comply with reasonable
requirements in regard to such factors as age, physical
condition, character, training and experience who are addicted to
alcohol or narcotics or who have attempted any deception or fraud
in connection with an examination.
(9) For a period of probation not to exceed one year before
appointment or promotion may be made complete within the
classified service.
(10) For provisional employment without competitive
examination within the classified service when there is no
appropriate eligible list available. No such Provisional
employment may not continue longer than six months. nor shall
Successive provisional appointments beare not allowed. except
during the first year after the effective date of this article in
order to avoid stoppage of orderly conduct of the business of the
state
(11) For keeping records of performance of all employees in
the classified service, which service records may be considered
in determining salary increases and decreases provided in the pay
plan; as a factor in promotion tests; as a factor in determining the order of layoffs because of lack of funds or work and in
reinstatement; and as a factor in demotions, discharges and
transfers.
(12) For discharge or reduction in rank or grade only for
cause of employees in the classified service. Discharge or
reduction of these employees shallmay take place only after the
person to be discharged or reduced has been presented with the
reasons for suchthe discharge or reduction stated in writing,
and has been allowed a reasonable time to reply thereto in
writing, or upon request to appear personally and reply to the
appointing authority or his or her deputy. The statement of
reasons and the reply shall be filed as a public record with the
director. Notwithstanding the foregoing provisions of this
subdivision, no permanent employee shallmay be discharged from
the classified service for absenteeism upon using all entitlement
to annual leave and sick leave when suchthe use has been due to
illness or injury as verified by a physician's certification or
for other extenuating circumstances beyond the employee's control
unless his or her disability is of such a nature as to
permanently incapacitate him or her from the performance of the
duties of his or her position. Upon exhaustion of annual leave
and sick leave credits for the reasons specified herein and with
certification by a physician that the employee is unable to perform his or her duties, a permanent employee shall be granted
a leave of absence without pay for a period not to exceed six
months if suchthe employee is not permanently unable to
satisfactorily perform the duties of his or her position.
(13) For such other rules and administrative regulations not
inconsistent with this article, as may be proper and necessary
for its enforcement.(14) The board shall review and approve by rules the
establishment of all classified-exempt positions to assure
consistent interpretation of the provisions of this article.
The provisions of this section are subject to any
modifications contained in chapter five-f of this code. The
board may include in the rules provided for in this article such
provisions as are necessary to conform to regulations and
standards of any federal agency governing the receipt and use of
federal grants-in-aid by any state agency, anything in this
article to the contrary notwithstanding. The board and the
director shall seeensure that rules and practices meeting such
the standards are in effect continuously. after the effective
date of this article

NOTE: The purpose of this bill is to provide a $1,500.00
pay increase for classified state employees for three consecutive years, beginning in 1998.

Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.